---
kind: "section"
citation: "5 C.F.R. § 352.805"
title: "5"
number: "352.805"
heading: "Position to which entitled on reemployment."
url: "https://uscodex.org/cfr/5/352.805"
---

# §352.805. Position to which entitled on reemployment.

- (a) **Basic position entitlement.**
  - (1) On reemployment, an employee is entitled to be appointed to a position in the employee's former or successor agency in the following order:
    - (i) **To the position last held in the former agency—**
      - (A) If that position has been identified for transfer to a different agency, reemployment rights must be exercised with the gaining agency.
      - (B) If that position has been reclassified, the employee should be placed in the reclassified position;
    - (ii) A position in the same competitive level; or
    - (iii) Another position for which otherwise qualified at the same grade or level and in the same competitive area.
  - (2) **The employing agency determines under paragraph (a)(1) of this section the position to which the employee is entitled.** Reduction-in-force procedures shall be applied when necessary in determining the position to which the employee has a right. In applying reduction-in-force procedures, the applicant shall be considered an employee of the agency.
  - (3) **Extending the area.** Responsibility for reemploying an applicant is agencywide. If the applicant is not placed under [paragraph (a)(1)](#a-1) of this section, the agency must extend reemployment rights, based on the agency's need, for assignment outside the competitive area. The employee is entitled to a position, for which qualified and eligible, at the same grade or level as the position last held in the agency. Where necessary, reduction-in-force procedures shall be applied in determining the position to which the employee has a right. The applicant shall be considered an employee for the purpose of applying the reduction-in-force procedures.
- (b) **Employee option.** Before the competitive area is extended under [paragraph (a)(3)](#a-3) of this section, an employee who cannot be placed under [paragraph (a)(1)](#a-1) of this section in the same competitive area at the grade or level as the position last held, is entitled, if the employee elects, to reemployment in a position at a lower grade or level identified under the same conditions and procedures as [paragraph (a)(1)](#a-1) of this section.
- (c) **Agency option.** At any stage in the process, the agency has the option to satisfy the employee's right to reemployment by offering a vacant position which, under reduction-in-force regulations, is in accord with the employee's rights. Also, with the employee's consent, right to reemployment can be met by placement in a vacant position, for which the employee is qualified according to agency determination and need, outside the organizational or geographic area of entitlement, either at the appropriate grade or at a grade other than the one to which entitled.
- (d) **Basic position entitlement in the Senior Executive Service.**
  - (1) On reemployment, an employee (who meets the requirements to [§ 352.803(c)(3)](/cfr/5/352.803.md?p=c-3)) is entitled to be given a career appointment in the Senior Executive Service the employee's former or successor agency.
  - (2) The employee may be assigned to any position in the Senior Executive Service for which he/she meets the qualifications requirements.
  - (3) The employee may elect to accept reemployment in a position outside the Senior Executive Service. Such placement would be subject to the provisions of paragraphs [(b)](#b) and [(c)](#c) of this section.

## Notes

### Authority

Authority: 22 U.S.C. 3310; E.O. 12143, 44 FR 37191; Section 352.807 also issued under 22 U.S.C. 3310; E.O. 12143, 45 FR 37452.

### Source

Source: 46 FR 8433, Jan. 27, 1981, unless otherwise noted.

### Source

Source: 33 FR 12433, Sept. 4, 1968, unless otherwise noted.